The Reform of UK Personal Property Security Law: Comparative Perspectives

ISBN-13: 9781859418918 / Angielski / Twarda / 2006 / 526 str.

De

Opis

There has been much discussion in the last ten years about the need to reform the law governing company charge registration, with many bodies including the Department of Trade and Industry and Law Commissions considering the case for reform of this area in the context of a wider scheme of personal property security reform. This has culminated in the coming into force of Part 25 of the Companies Act 2006, which is concerned with company charge registration. This major book features the work of international experts on personal property security law. It focuses on the reform of UK company charge law and argues that the Companies Act 2006 did not go far enough in reforming the law. It addresses the question as to whether the UK should follow the lead of other jurisdictions that have adopted US Article 9 type personal property security schemes. As well as considering current UK law the book also addresses the changes proposed by the Law Commissions and, despite current government inaction, considers whether these reform proposals should be adopted. The book contains major international comparisons and, in particular, looks at law reform in the USA, Canada, Australia, New Zealand, Singapore and Europe. This comparative treatment gives the reader a full perspective on this difficult and constantly developing area of law.

Spis treści

1. The Evolution and Regulation of Security Interests Over Personal Property in English Law, John De Lacy  2. Pressured By The Paradigm: The Law Commission and Company Security Interests, Gerard Mccormack  3. A Canadian Academic’s Reactions to the Law Commission's Proposals, Jacob Ziegel  4. What is Wrong with the Law of Security? Richard Calnan  5. Exceptions to the Nemo Dat Rule in Relation to Goods and the Law Commission’s Proposals in the Consultative Report, Louise Gullifer  6. Securities Collateral, Joanna Benjamin  7. Security Over Moveables in Scots Law, George Gretton  8. Security Interests in Intellectual Property, Jacqueline Lipton  9. Technology-Based Small Firms and the Commodification of Intellectual Property Rights, Iwan Davies  10. The New Zealand Personal Property Securities Act 1999, David Brown  11. Personal Property Security Law Reform In Australia: History, Influences, Themes and the Future, Simon Fisher  12. Personal Property Security Interests In Singapore, Yock Lin Tan  13. Basic Issues of European Rules on Security in Movables, Ulrich Drobnig  14. Key Policy Issues of the Uncitral Draft Legislative Guide on Secured Transactions, Spiros Bazinas

O autorze

John de Lacy is a Senior Lecturer in Law at the University of Sheffield